Application of the standards of the right to liberty of person

Human Rights Action monitors the practice of the judiciary in order to determine the frequency of ordering pre-trial detention and compliance with international standards in restricting and depriving persons of their liberty in criminal proceedings.

The aim of the project is to promote the implementation of international standards in Montenegro and to emphasize good practice of the judiciary.

Activities are carried out within two projects supported by the Hungarian Helsinki Committee and the U.S. Embassy in Montenegro and will last until July 2014.

The projects include:

– A study on the cases of the longest duration of detention and ordering detention in cases of corruption and organized crime, especially when the decisions on detention are rendered in accordance with Article 175, Paragraph 1, Item 4 of the Criminal Procedure Code, due to public concern and the level of punishment;

– Research on the practice of ordering detention to juveniles, pregnant women and women with young children;

– Lobbying for the regular collection of statistics related to detention;

– Translation and publication of relevant recommendations of the Council of Europe and the United Nations on detention;

– Analysis of detention cases included in the sample, formed in relation to all decisions on ordering and prolonging detention in 2012 and 2013, the analysis of the duration of detention in these cases and assessment on whether the detention was ordered in accordance with international standards and recommendations;

– An analysis of the use of alternative, milder measures for ensuring the presence of the defendant in criminal proceedings, in relation to the frequency of ordering detention, as a restrictive measure;

– Publication of a report with the collected data and research findings.

The Memorandum of Understanding concluded with the President of the Supreme Court, Ms. Vesna Medenica, is available here (in Montenegrin).